This contract is between the photographer and the client as detailed below,
1. Entire agreement
This agreement constitutes the entire agreement between the parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject-matter.
Each party acknowledges that in entering into this agreement it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
2. A Summary of the Contract
The photographer is responsible for providing for the client a photographic service and products as detailed in section 3 (‘coverage’). The client undertakes to engage the photographer for this coverage for the price as detailed in section 4.
3. The Coverage
Coverage will be provided by the photographer as follows,
Wedding date: _______
Coverage to commence at: _______ Coverage to finish at: _______
Wedding location: ____________________________________________________
Other locations where coverage is required: ________________________________
Product package included in the coverage: ________________
Engagement shoot to be included: Y/N
Date of Engagement shoot: ____________________
Engagement and bridal sessions that are included with packages are complimentary and non-exchangeable for any other service or value. Should the client cancel their coverage and an engagement session has been completed, this will be chargeable as it is only included with a wedding package. A full engagement session is valued at $400 (unlimited photos). This session can not be used once the wedding date has passed.
*When completing online please ensure we have the missing information by email or messenger.
4. Payment Arrangements
The client will pay the photographer a total fee of $____ subject to the following terms:
A $____ retainer to secure the date and payable on execution of this agreement. This retainer is non-refundable and non-transferable in the event of cancellation, it being agreed as a loss suffered by the photographer due to cancellation. The retainer must be paid in full within one week from signing the Contract. Should the wedding be postponed a new retainer must be paid for a new date. If the rescheduled date is more than 12 months away, a $300 fee will be charged to cover inflation.
Client to pay the balance of $____ no later than two weeks before the date of the wedding. Should the client cancel with less than 30 days notice any extra amounts paid will be non-refundable, understanding that the business has lost out on projected income on this date.
Where a USB of photographs (digital image files) has been provided to the bride and groom as part of their wedding collection, these photographs may be printed, and displayed online (with proper credit to the Photographer), for personal but not commercial use.
The photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his or her work or any other use. DO NOT edit the images that we provide to you. RAW files are never provided to clients, please do not request them. If you’d like a different edit/version please ask and we will make the corrections free of charge up to 15 photos. If it should occur that two professionals are retained, Tender Moments Photography will refuse service unless the other professional is asked to leave, and no refund will be given. Please do not allow family members, friends or hobbyists to stand over the Photographers shoulder taking the same shots. This is violation of the Photographer’s image copyrights.
6. Image Size, Colour, Style and Composition
All image sizes are approximate but delivered in high resolution. If you are ordering enlargement prints not through our lab please contact us for the proper sharpening of the image. The Photographer guarantees print quality only when purchasing through our lab. We will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record the exact colour as seen by the human eye. There is no right to reject on the basis of style or composition.
7. Archival Release
Once all products within the wedding package stated in section 3 have been delivered, the photographer is under no obligation to retain the digital image files unless otherwise requested.
Hours of coverage include any travel time between venues. Should you require the Photographer to travel more than 70 kilometres total during the course of the day you will be charged .55/km. In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on his behalf to undertake the photography. If the Photographer is only able to provide partial coverage on the wedding day a partial refund will be given.
9. Time frame for Images
The Photographer agrees to deliver the images to the client in 3 to 8 weeks following the wedding, depending on the number of hours of coverage and number of weddings or other sessions that month. If we are behind schedule we will notify you and provide a small gallery with the photos that have already been completed.
10. Nourishment for Photographer(s)
The Photographer requests one bathroom break for every 4 hours of coverage provided. If we are providing a full day of coverage (6 hours or more) we request that there be nourishment provided for the Photographer (and assistant if applicable), or a break will be taken to find nourishment.
11. Limitation of liability
In the event that a shot is missed the Photographer will offer to recreate the moment. It is difficult to capture each moment when guests are also doing the same. Please remind guests that you have a paid Photographer and to keep out of the aisle during the ceremony. The Photographer is not responsible for lack of cooperation from any guests. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Special clause: In the event of an act of god including but not limited to natural disaster, viral outbreak, the client may reschedule their date with more than 30 days notice. In the instance of COVID19, we will reschedule a pre-booked wedding date at 90 days in advance due to covid-related complications (ie. number of guests, venue difficulties) only if a reasonable wedding is not able to be held due to provincial restrictions. Should the client reschedule their date to the following year(s) that falls on a Saturday during wedding season (May to October), an additional $300 will be charged to cover inflation.
12. Drone Photography (where applicable)
The Photographer is licensed to operate the drone, but must follow specific guidelines. We cannot fly in rain or windy conditions. Caution must be taken when operating near crowds. The client understands that all precautions will be taken, but in the event of a mishap, cannot hold the photographer liable for any losses, or images that are not deliverable. No other guests are permitted to fly drones unless licensed and given permission by the Photographer (Videographer exempt). The client agrees to adhere to safety instructions given by the Photographer and will maintain a safe distance from the craft. An additional fee may be required in some circumstances where we require extra staff to operate the drone.
If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this contract shall remain in full force and effect.
The undersigned have read and understood the above contract and agree to the terms and conditions in their entirety.